Congressman Brandon Williams introduces H.R. 7683, “the Respecting the First Amendment on Campus Act.” The Devil is in the Details
The Bill Can be seen as an Attack on the First Amendment and DEI The Congressman’s announcement sounded interesting at first glance. On Sunday April 28th, there was a press release that read in part; “On March 15, Congressman Brandon Williams (NY-22) and Education and Workforce Committee Chairwoman Virginia Foxx (NC-5) announced the introduction of H.R. 7683, the Respecting the First Amendment on Campus Act.” Shrouded in language seemingly designed to shackle the nation’s Institutions of Higher Education inserting conditions that link school Federal funding to the sponsors desire to control campus policies. Another sign of something unusual is the number of cosponsors from the states of Florida, Louisiana, and South Carolina; Mr. Kiley, Mrs. McClain, Mr. Walberg, Mrs. Houchin, Mr. Crenshaw, Mr. Allen, Mrs. Chavez-Deremer, Mr. Harris, Mrs. Steel, Mr. Bean of Florida. It continues in a southern strategy, Mr. Van Drew, and Mr. Higgins of Louisiana and Mr. Owens, Mr. Wilson of South Carolina, and Mrs. Miller of Illinois. No cosponsors from the New York Delegation. American Council on Education responds to H.R. 7683. The American Council on Education expressed key concerns regarding this legislation. “Increased litigation-Public institutions are already subject to the requirements of the First Amendment, and if there is a concern that an institution’s policy violates the First Amendment’s guarantees, individuals are already permitted to sue the institution in federal court. But the bill would create a new federal cause of action allowing individuals to sue a public institution for damages for any violation of the bill’s requirements. Adding this the new cause of action on top of existing legal remedies is unnecessary, duplicative, and likely to result in excessive litigation. Further, the bill would take the unprecedented and troubling step of waiving a public institution’s sovereign immunity rights under the 11th Amendment based on its receipt of Title IV funding.” Their full response can be found on the following link, The Respecting The First Amendment On Campus Act: Key Concerns H. R. 7683 [ReportNo. 118–468]To amend the Higher Education Act of 1965 to require institutions of higher education to adopt and adhere to principles of free speech, and for other purposes.IN THE HOUSE OF REPRESENTATIVES March 15, 2024 Mr. Williams of New York (for himself,Mr. Thompson ofPennsylvania, and Ms. Foxx)introduced the following bill; which was referred to the Committee on Educationand the Workforce April 26, 2024 Additionalsponsors: Mr. Owens,Mr. Wilson of SouthCarolina, Mr. Kiley,Mrs. McClain, Mr. Walberg, Mrs. Houchin, Mr. Crenshaw, Mr. Allen, Mrs. Chavez-DeRemer, Mr. Harris,Mrs. Steel, Mr. Bean of Florida, Mr. Banks, Mr. Burlison, Mrs. Miller ofIllinois, Mr. Van Drew, andMr. Higgins of Louisiana A sample of the verbiage “(C) POLITICALTEST.—The term ‘political test’ means a method of compelling or soliciting anapplicant for enrollment or employment, student, or employee of an institutionof higher education to identify commitment to or make a statement of personalbelief in support of any ideology or movement that— “(i) supports or opposes a specificpartisan or political set of beliefs; “(ii) supports or opposes aparticular viewpoint on a social or political issue; or “(iii) promotes the disparatetreatment of any individual or group of individuals on the basis of race,color, or national origin, including— “(I)any initiative or formulation of diversity, equity, and inclusion beyondupholding existing Federal law; or “(II)any theory or practice that holds that systems or institutions upholdingexisting Federal law are racist, oppressive, or otherwise unjust.”. In his statement, “Americans’ confidence in postsecondary education is declining, and it’s easy to see why. Inconsistent protection of student and faculty First Amendment rights stifles discourse and creates a culture of uncertainty over what can and cannot be said,” said Rep. Williams. “Families spend years planning and saving to send their children to college. We place our trust in these institutions to educate our kids and prepare them for careers as informed, well-rounded citizens. This trust is too often betrayed.” The full bill text is available Here. American Council on Education responds to H.R. 7683. The Respecting The First Amendment On Campus Act: Key Concerns
